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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Safety, Rehabilitation and Compensation
Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
(Employment)
A Bill for an Act to amend the Safety, Rehabilitation
and Compensation Act 1988, and for other purposes
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--General amendments
4
Part 1--Main amendments
4
Safety, Rehabilitation and Compensation Act 1988
4
Part 2--Amendments contingent on the commencement of
Schedule 2 to the Safety, Rehabilitation and
Compensation Legislation Amendment Act 2015
28
Safety, Rehabilitation and Compensation Act 1988
28
Schedule 2--Membership of the Safety, Rehabilitation and
Compensation Commission
31
Part 1--New member of the Commission
31
Safety, Rehabilitation and Compensation Act 1988
31
Part 2--Technical amendments
32
Safety, Rehabilitation and Compensation Act 1988
32
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
1
A Bill for an Act to amend the Safety, Rehabilitation
1
and Compensation Act 1988, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Safety, Rehabilitation and
5
Compensation Legislation Amendment (Exit Arrangements) Act
6
2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
Schedule 2 to the Safety, Rehabilitation
and Compensation Legislation
Amendment Act 2015.
4. Schedule 2,
Part 1
Immediately after the revocation of a
declaration under subsection 4A(1) of the
Safety, Rehabilitation and Compensation Act
1988.
However, if a declaration under that
subsection is not revoked, the provisions do
not commence at all.
5. Schedule 2,
Part 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 General amendments
Part 1 Main amendments
4
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
Schedule 1
--General amendments
1
Part 1
--Main amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
1 Subsection 4(1)
4
Insert:
5
exit contribution means an exit contribution under Division 4A of
6
Part VII.
7
2 Subsection 4(14)
8
Omit "is a Commonwealth authority", substitute "is, or has ceased to
9
be, a Commonwealth authority".
10
3 At the end of section 4
11
Add:
12
(15) If:
13
(a) a body corporate ceases to be a Commonwealth authority;
14
and
15
(b) the body corporate continues in existence;
16
the principal officer of the body corporate is to be determined as if
17
the body corporate had not ceased to be a Commonwealth
18
authority.
19
4 At the end of Division 3 of Part III
20
Add:
21
41B Application of rehabilitation provisions to former
22
Commonwealth authorities
23
If:
24
(a) a body corporate ceases to be a Commonwealth authority at a
25
particular time (the cessation time); and
26
(b) the body corporate continues in existence; and
27
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
5
(c) before the cessation time, an employee of the body corporate
1
suffered an injury resulting in an incapacity for work or an
2
impairment;
3
then:
4
(d) the definition of rehabilitation authority in subsection 4(1),
5
and sections 36, 37, 38, 39, 41 and 41A, apply after the
6
cessation time, in relation to the injury, as if the body
7
corporate had not ceased to be a Commonwealth authority;
8
and
9
(e) if, after the cessation time, the employee is undertaking, or
10
has completed, a rehabilitation program in relation to the
11
injury--the body corporate is, for the purposes of section 40,
12
taken to be the relevant employer of the employee.
13
41C Application of rehabilitation provisions to successors of former
14
Commonwealth authorities
15
Successor is a Commonwealth authority or Entity
16
(1) If:
17
(a) a body corporate ceases to be a Commonwealth authority at a
18
particular time (the cessation time); and
19
(b) the body corporate ceases to exist at the cessation time; and
20
(c) under a legislative instrument made by the Minister, a
21
specified Commonwealth authority or Entity is taken to be
22
the successor of the body corporate for the purposes of this
23
subsection; and
24
(d) before the cessation time, an employee of the body corporate
25
suffered an injury resulting in an incapacity for work or an
26
impairment;
27
then:
28
(e) the definition of rehabilitation authority in subsection 4(1),
29
and sections 36, 37, 38, 39, 41 and 41A, apply after the
30
cessation time, in relation to the injury, as if:
31
(i) the employee were employed by the successor; and
32
(ii) the principal executive officer of the successor were the
33
principal officer of the successor; and
34
(f) if, after the cessation time, the employee is undertaking, or
35
has completed, a rehabilitation program in relation to the
36
Schedule 1 General amendments
Part 1 Main amendments
6
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
injury--the successor is, for the purposes of section 40, taken
1
to be the relevant employer of the employee.
2
Successor is neither a Commonwealth authority nor an Entity
3
(2) If:
4
(a) a body corporate ceases to be a Commonwealth authority at a
5
particular time (the cessation time); and
6
(b) the body corporate ceases to exist at the cessation time; and
7
(c) under a legislative instrument made by the Minister, a
8
specified body, person, organisation or group of persons is
9
taken to be the successor of the body corporate for the
10
purposes of this subsection; and
11
(d) the successor is neither a Commonwealth authority nor an
12
Entity; and
13
(e) before the cessation time, an employee of the body corporate
14
suffered an injury resulting in an incapacity for work or an
15
impairment;
16
then:
17
(f) the definition of rehabilitation authority in subsection 4(1),
18
and sections 36, 37, 38, 39, 41 and 41A, apply after the
19
cessation time, in relation to the injury, as if:
20
(i) the employee were employed by the successor; and
21
(ii) the successor were a Commonwealth authority; and
22
(g) if, after the cessation time, the employee is undertaking, or
23
has completed, a rehabilitation program in relation to the
24
injury--the successor is, for the purposes of section 40, taken
25
to be the relevant employer of the employee.
26
41D Application of rehabilitation provisions to the Australian
27
Capital Territory if it ceases to be a Commonwealth
28
authority
29
If:
30
(a) the Australian Capital Territory ceases to be a
31
Commonwealth authority at a particular time (the cessation
32
time); and
33
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
7
(b) before the cessation time, a person employed by the
1
Australian Capital Territory suffered an injury resulting in an
2
incapacity for work or an impairment;
3
then:
4
(c) the definition of rehabilitation authority in subsection 4(1),
5
and sections 36, 37, 38, 39, 41 and 41A, apply after the
6
cessation time, in relation to the injury, as if the Australian
7
Capital Territory had not ceased to be a Commonwealth
8
authority; and
9
(d) if, after the cessation time, the employee is undertaking, or
10
has completed, a rehabilitation program in relation to the
11
injury--the Australian Capital Territory is, for the purposes
12
of section 40, taken to be the relevant employer of the
13
employee.
14
5 After paragraph 69(ec)
15
Insert:
16
(eca) to determine, under section 97CA, 97CB or 97CC, the
17
amount of any exit contributions payable by bodies
18
corporate, and by the Australian Capital Territory, and to
19
collect such contributions;
20
(ecb) to apply exit contributions paid under section 97CA, 97CB or
21
97CC as a result of a body corporate or the Australian Capital
22
Territory ceasing to be a Commonwealth authority, together
23
with interest earned on those exit contributions, in the same
24
way as paragraph (ec) would have required Comcare to
25
apply:
26
(i) premiums paid by the body corporate or the Australian
27
Capital Territory; and
28
(ii) interest earned on those premiums;
29
if the body corporate or the Australian Capital Territory had
30
not ceased to be a Commonwealth authority;
31
6 After paragraph 69(ed)
32
Insert:
33
(eda) to determine, under section 97DA, the amount of any
34
regulatory contributions payable by bodies corporate, and by
35
the Australian Capital Territory, and to collect such
36
contributions;
37
Schedule 1 General amendments
Part 1 Main amendments
8
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
7 Subparagraph 69(ef)(i)
1
Omit "the function referred to in paragraph (ec)", substitute "a function
2
referred to in paragraph (ec) or (ecb)".
3
8 Subsection 90C(5) (at the end of the definition of
4
Comcare-retained funds)
5
Add:
6
; and (d) exit contributions paid to Comcare; and
7
(e) interest earned on exit contributions paid to Comcare.
8
9 After section 96
9
Insert:
10
96A Available scheme funds
11
(1) For the purposes of this Division, available scheme funds means
12
the aggregate of:
13
(a) Comcare-retained funds; and
14
(b) so much of the Consolidated Revenue Fund as represents the
15
amount that would be worked out using the formula in
16
subsection 90C(3) if it were assumed that an amount was
17
payable to Comcare under subsection 90C(2).
18
(2) If:
19
(a) the application of a provision of this Division requires the
20
calculation of so much of available scheme funds as is
21
attributable to:
22
(i) premiums paid by an Entity, a body corporate or the
23
Australian Capital Territory; or
24
(ii) special premiums paid by an Entity, a body corporate or
25
the Australian Capital Territory; or
26
(iii) interest earned on the premiums and special premiums
27
referred to in subparagraphs (i) and (ii); and
28
(b) Comcare does not have sufficient information to make the
29
calculation;
30
then:
31
(c) Comcare may make such assumptions and estimates as
32
Comcare considers reasonable; and
33
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
9
(d) the calculation may rely on those assumptions and estimates.
1
96B Comcare-retained funds
2
For the purposes of this Division, Comcare-retained funds has the
3
same meaning as in section 90C.
4
96C Principal officer
5
For the purposes of this Division, the principal officer of a body
6
corporate (other than a Commonwealth authority or a licensed
7
corporation) is the principal executive officer of the body
8
corporate.
9
10 After paragraph 97A(1)(a)
10
Insert:
11
(aa) have regard to the principle that the amount that represents so
12
much of available scheme funds as is attributable to:
13
(i) premiums paid by the Entity or authority; and
14
(ii) special premiums paid by the Entity or authority; and
15
(iii) interest earned on the premiums and special premiums
16
referred to in subparagraphs (i) and (ii);
17
should, so far as practicable, be sufficient to meet Comcare's
18
liability (if any) under this Act (including liability under
19
actions for non-economic loss), in respect of injuries
20
suffered:
21
(iv) in the case of an Entity or an authority that does not
22
hold a licence in force under Part VIII--by employees
23
of the Entity or authority; and
24
(v) in the case of an authority that holds such a licence--by
25
employees of the authority in respect of whom the
26
authority is not authorised to accept liability; and
27
11 After subsection 97A(1)
28
Insert:
29
(1A) For the purposes of paragraph (1)(aa):
30
(a) liability includes prospective liability; and
31
(b) assume that Comcare's liability is not contingent on:
32
Schedule 1 General amendments
Part 1 Main amendments
10
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
(i) the making of a claim for compensation; or
1
(ii) the giving of a notice under section 53.
2
12 After section 97C
3
Insert:
4
97CA Determination of exit contributions for former
5
Commonwealth authorities
6
(1) If:
7
(a) a body corporate ceases to be a Commonwealth authority at a
8
particular time (the cessation time); and
9
(b) the body corporate continues in existence; and
10
(c) the amount of Comcare's liability (if any) under this Act
11
(including liability under actions for non-economic loss), in
12
respect of injuries suffered before the cessation time:
13
(i) if the body corporate did not hold a licence in force
14
under Part VIII--by employees of the body corporate;
15
and
16
(ii) if the body corporate held such a licence--by
17
employees of the body corporate in respect of whom the
18
body corporate was not authorised to accept liability;
19
exceeds the amount that represents so much of available
20
scheme funds as is attributable to:
21
(iii) premiums paid by the body corporate before the
22
cessation time; and
23
(iv) special premiums paid by the body corporate before the
24
cessation time; and
25
(v) interest earned on the premiums and special premiums
26
referred to in subparagraphs (iii) and (iv); and
27
(vi) exit contributions paid to Comcare by the body
28
corporate after the cessation time; and
29
(vii) interest earned on exit contributions referred to in
30
subparagraph (vi);
31
Comcare may make a determination of the amount of the exit
32
contribution to be paid by the body corporate.
33
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
11
(2) For the purposes of subsection (1), the amount of the exit
1
contribution must be equal to or less than the excess.
2
(3) A determination under subsection (1) may only be made during the
3
7-year period beginning at the cessation time.
4
(4) For the purposes of paragraph (1)(c):
5
(a) liability includes prospective liability; and
6
(b) assume that Comcare's liability is not contingent on:
7
(i) the making of a claim for compensation; or
8
(ii) the giving of a notice under section 53.
9
97CB Determination of exit contributions for successors of former
10
Commonwealth authorities
11
(1) If:
12
(a) a body corporate (the first body corporate) ceases to be a
13
Commonwealth authority at a particular time (the cessation
14
time); and
15
(b) the first body corporate ceases to exist at the cessation time;
16
and
17
(c) under a law of the Commonwealth that was in force at the
18
cessation time, another body corporate (the successor)
19
becomes the successor in law of the liabilities of the first
20
body corporate; and
21
(d) the amount of Comcare's liability (if any) under this Act
22
(including liability under actions for non-economic loss), in
23
respect of injuries suffered before the cessation time:
24
(i) if the first body corporate did not hold a licence in force
25
under Part VIII--by employees of the first body
26
corporate; and
27
(ii) if the first body corporate held such a licence--by
28
employees of the first body corporate in respect of
29
whom the first body corporate was not authorised to
30
accept liability;
31
exceeds the amount that represents so much of available
32
scheme funds as is attributable to:
33
(iii) premiums paid by the first body corporate before the
34
cessation time; and
35
Schedule 1 General amendments
Part 1 Main amendments
12
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
(iv) special premiums paid by the first body corporate before
1
the cessation time; and
2
(v) interest earned on the premiums and special premiums
3
referred to in subparagraphs (iii) and (iv); and
4
(vi) exit contributions paid to Comcare by the successor
5
after the cessation time; and
6
(vii) interest earned on exit contributions referred to in
7
subparagraph (vi);
8
Comcare may make a determination of the amount of the exit
9
contribution to be paid by the successor.
10
(2) For the purposes of subsection (1), the amount of the exit
11
contribution must be equal to or less than the excess.
12
(3) A determination under subsection (1) may only be made during the
13
7-year period beginning at the cessation time.
14
(4) For the purposes of paragraph (1)(c), liability means any liability,
15
duty or obligation, whether actual, contingent or prospective.
16
(5) For the purposes of paragraph (1)(d):
17
(a) liability includes prospective liability; and
18
(b) assume that Comcare's liability is not contingent on:
19
(i) the making of a claim for compensation; or
20
(ii) the giving of a notice under section 53.
21
97CC Determination of exit contributions for the Australian Capital
22
Territory if it ceases to be a Commonwealth authority
23
(1) If:
24
(a) the Australian Capital Territory ceases to be a
25
Commonwealth authority at a particular time (the cessation
26
time); and
27
(b) the amount of Comcare's liability (if any) under this Act
28
(including liability under actions for non-economic loss), in
29
respect of injuries suffered before the cessation time by
30
employees of the Australian Capital Territory, exceeds the
31
amount that represents so much of available scheme funds as
32
is attributable to:
33
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
13
(i) premiums paid by the Australian Capital Territory
1
before the cessation time; and
2
(ii) special premiums paid by the Australian Capital
3
Territory before the cessation time; and
4
(iii) interest earned on the premiums and special premiums
5
referred to in subparagraphs (i) and (ii); and
6
(iv) exit contributions paid to Comcare by the Australian
7
Capital Territory after the cessation time; and
8
(v) interest earned on exit contributions referred to in
9
subparagraph (iv);
10
Comcare may make a determination of the amount of the exit
11
contribution to be paid by the Australian Capital Territory.
12
(2) For the purposes of subsection (1), the amount of the exit
13
contribution must be equal to or less than the excess.
14
(3) A determination under subsection (1) may only be made during the
15
7-year period beginning at the cessation time.
16
(4) For the purposes of paragraph (1)(b):
17
(a) liability includes prospective liability; and
18
(b) assume that Comcare's liability is not contingent on:
19
(i) the making of a claim for compensation; or
20
(ii) the giving of a notice under section 53.
21
13 Section 97D (heading)
22
Repeal the heading, substitute:
23
97D Regulatory contributions payable by an Entity or a
24
Commonwealth authority
25
14 After section 97D
26
Insert:
27
97DA Regulatory contributions payable by a former
28
Commonwealth authority etc.
29
(1) If:
30
Schedule 1 General amendments
Part 1 Main amendments
14
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
(a) a body corporate ceases to be a Commonwealth authority at a
1
particular time (the cessation time); and
2
(b) the body corporate continues in existence;
3
Comcare may make a determination of the amount of the
4
regulatory contribution to be paid by the body corporate:
5
(c) in respect of the financial year in which the cessation time
6
occurred; or
7
(d) in respect of a later financial year.
8
(2) If the Australian Capital Territory ceases to be a Commonwealth
9
authority at a particular time (the cessation time), Comcare may
10
make a determination of the amount of the regulatory contribution
11
to be paid by the Australian Capital Territory:
12
(a) in respect of the financial year in which the cessation time
13
occurred; or
14
(b) in respect of a later financial year.
15
(3) For the purposes of subsections (1) and (2), the amount of the
16
regulatory contribution to be paid in respect of a financial year:
17
(a) by a body corporate; or
18
(b) by the Australian Capital Territory;
19
must not exceed the sum of:
20
(c) that part of the estimated cost incurred by the Commission
21
and Comcare in carrying out their respective functions under
22
this Act after the cessation time that Comcare determines, in
23
accordance with principles under section 97E, to be
24
referrable to the body corporate or the Australian Capital
25
Territory; and
26
(d) that part of the estimated cost incurred by the Commission
27
and Comcare in carrying out their respective functions under
28
the Occupational Health and Safety Act 1991, the Work
29
Health and Safety Act 2011 and the Work Health and Safety
30
(Transitional and Consequential Provisions) Act 2011 after
31
the cessation time that Comcare determines, in accordance
32
with those principles, to be referrable to the body corporate
33
or the Australian Capital Territory.
34
(4) If:
35
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
15
(a) a body corporate (the first body corporate) ceases to be a
1
Commonwealth authority at a particular time (the cessation
2
time); and
3
(b) the first body corporate ceases to exist at the cessation time;
4
and
5
(c) under a law of the Commonwealth that was in force at the
6
cessation time, another body corporate (the successor)
7
becomes the successor in law of the liabilities of the first
8
body corporate;
9
Comcare may make a determination of the amount of the
10
regulatory contribution to be paid by the successor:
11
(d) in respect of the financial year in which the cessation time
12
occurred; or
13
(e) in respect of a later financial year.
14
(5) For the purposes of subsection (4), the amount of the regulatory
15
contribution to be paid in respect of a financial year by the
16
successor must not exceed the sum of:
17
(a) that part of the estimated cost incurred by the Commission
18
and Comcare in carrying out their respective functions under
19
this Act after the cessation time that Comcare determines, in
20
accordance with principles under section 97E, to be
21
referrable to:
22
(i) the first body corporate; or
23
(ii) the successor in its capacity as successor; and
24
(b) that part of the estimated cost incurred by the Commission
25
and Comcare in carrying out their respective functions under
26
the Occupational Health and Safety Act 1991, the Work
27
Health and Safety Act 2011 and the Work Health and Safety
28
(Transitional and Consequential Provisions) Act 2011 after
29
the cessation time that Comcare determines, in accordance
30
with those principles, to be referrable to the first body
31
corporate.
32
(6) For the purposes of paragraph (4)(c), liability means any liability,
33
duty or obligation, whether actual, contingent or prospective.
34
15 Before section 97E
35
Insert:
36
Schedule 1 General amendments
Part 1 Main amendments
16
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
97DB Constitutional limits
1
(1) This Division has no effect to the extent (if any) to which it
2
imposes taxation.
3
(2) This Division has no effect to the extent (if any) to which its
4
operation would result in an acquisition of property (within the
5
meaning of paragraph 51(xxxi) of the Constitution) otherwise than
6
on just terms (within the meaning of that paragraph).
7
16 Section 97E (heading)
8
Repeal the heading, substitute:
9
97E Guidelines and principles
10
17 At the end of section 97E
11
Add:
12
(5) The Commission may prepare and issue to the Chief Executive
13
Officer written principles in relation to the determination by
14
Comcare of regulatory contributions to be paid by bodies corporate
15
and the Australian Capital Territory under section 97DA.
16
(6) The Commission must not issue principles that are inconsistent
17
with any directions under section 73 of this Act.
18
(7) Any principles that are inconsistent with a direction of the kind
19
referred to in subsection (6) have no effect to the extent of the
20
inconsistency.
21
(8) An instrument under subsection (5) is a legislative instrument.
22
18 After subsection 97F(2)
23
Insert:
24
(2A) If:
25
(a) a body corporate ceases to be a Commonwealth authority at a
26
particular time (the cessation time); and
27
(b) the body corporate continues in existence;
28
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
17
the principal officer of the body corporate must, on request by
1
Comcare, give Comcare the information specified in the request, so
2
long as the information is needed by Comcare to enable it:
3
(c) to determine an exit contribution under section 97CA; or
4
(d) to determine a regulatory contribution under section 97DA;
5
in relation to the body corporate.
6
(2B) If:
7
(a) a body corporate (the first body corporate) ceases to be a
8
Commonwealth authority at a particular time (the cessation
9
time); and
10
(b) the first body corporate ceases to exist at the cessation time;
11
and
12
(c) under a law of the Commonwealth that was in force at the
13
cessation time, another body corporate (the successor)
14
becomes the successor in law of the liabilities of the first
15
body corporate;
16
the principal officer of the successor must, on request by Comcare,
17
give Comcare the information specified in the request, so long as
18
the information is needed by Comcare to enable it:
19
(d) to determine an exit contribution under section 97CB; or
20
(e) to determine a regulatory contribution under section 97DA;
21
in relation to the successor.
22
(2C) If the Australian Capital Territory ceases to be a Commonwealth
23
authority, the principal officer of the Australian Capital Territory
24
must, on request by Comcare, give Comcare the information
25
specified in the request, so long as the information is needed by
26
Comcare to enable it:
27
(a) to determine an exit contribution under section 97CC; or
28
(b) to determine a regulatory contribution under section 97DA;
29
in relation to the Australian Capital Territory.
30
(2D) For the purposes of paragraph (2B)(c), liability means any liability,
31
duty or obligation, whether actual, contingent or prospective.
32
19 At the end of section 97G
33
Add:
34
Schedule 1 General amendments
Part 1 Main amendments
18
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
(3) Comcare must give a copy of a determination made under
1
section 97CA, 97CB or 97DA in relation to a body corporate to the
2
principal officer of the body corporate.
3
(4) Comcare must give a copy of a determination made under
4
section 97CC or 97DA in relation to the Australian Capital
5
Territory to the principal officer of the Australian Capital Territory.
6
20 Section 97H (heading)
7
Repeal the heading, substitute:
8
97H Payment of premium or regulatory contribution by an Entity
9
or Commonwealth authority
10
21 After section 97H
11
Insert:
12
97HA Payment of exit contribution or regulatory contribution by a
13
former Commonwealth authority etc.
14
(1) A determination under section 97CA, 97CB, 97CC or 97DA
15
relating to a body corporate or the Australian Capital Territory
16
takes effect 28 days after the day on which the body corporate or
17
the Australian Capital Territory receives a copy of the
18
determination.
19
(2) The Commission may give directions, in writing, to the principal
20
officer of the body corporate or the Australian Capital Territory
21
relating to the payment of the exit contribution or regulatory
22
contribution by the body corporate or the Australian Capital
23
Territory.
24
(3) The principal officer of the body corporate or the Australian
25
Capital Territory must comply with any directions given to him or
26
her by the Commission.
27
(4) The Commission may vary a direction given to the principal officer
28
of the body corporate or the Australian Capital Territory on the
29
written request of the principal officer.
30
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
19
(5) Comcare may permit an amount of exit contribution payable by a
1
body corporate or the Australian Capital Territory under
2
section 97CA, 97CB or 97CC to be paid in instalments, so long as
3
the last instalment is payable within 3 years after the day on which
4
the determination of the exit contribution is made.
5
22 After subsection 97J(1)
6
Insert:
7
(1A) If a determination under section 97CA, 97CB, 97CC or 97DA
8
relates to a body corporate or the Australian Capital Territory, the
9
principal officer of the body corporate or the Australian Capital
10
Territory may, by written notice of objection, ask Comcare to
11
review the determination. The notice must be given to Comcare
12
within 14 days after the day on which the body corporate or the
13
Australian Capital Territory received a copy of the determination.
14
23 Subsection 97J(2)
15
Omit "The notice", substitute "A notice under subsection (1) or (1A)".
16
24 Subsection 97J(4)
17
Before "Comcare", insert "If notice of objection is given under
18
subsection (1),".
19
25 At the end of section 97J
20
Add:
21
(6) If notice of objection is given under subsection (1A), Comcare
22
must give a written notice to the principal officer of the body
23
corporate or the Australian Capital Territory of the result of the
24
review of the determination.
25
(7) If the principal officer of a body corporate or the Australian Capital
26
Territory gives notice of objection to a determination of the exit
27
contribution or regulatory contribution payable by the body
28
corporate or the Australian Capital Territory under
29
subsection (1A), the body corporate or the Australian Capital
30
Territory is still obliged to pay the exit contribution or regulatory
31
contribution in accordance with any directions given under
32
section 97HA.
33
Schedule 1 General amendments
Part 1 Main amendments
20
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
26 After subsection 97K(1)
1
Insert:
2
(1A) If:
3
(a) a determination under section 97CA, 97CB, 97CC or 97DA
4
in relation to a body corporate or the Australian Capital
5
Territory has been reviewed by Comcare under section 97J;
6
and
7
(b) the principal officer of the body corporate or the Australian
8
Capital Territory objects to the determination (or the
9
determination as varied as a result of the review);
10
the principal officer may, by written notice of objection given to
11
the Commission within 14 days after the date of the notice
12
mentioned in subsection 97J(6), ask the Commission to review the
13
determination, or the determination as so varied, as the case may
14
be.
15
27 Subsection 97K(2)
16
Omit "The notice", substitute "A notice under subsection (1) or (1A)".
17
28 Subsection 97K(4)
18
Omit "or the Commonwealth authority", substitute ", the
19
Commonwealth authority, the body corporate or the Australian Capital
20
Territory".
21
29 Section 97L (heading)
22
Repeal the heading, substitute:
23
97L Refund of premium or regulatory contribution paid by an
24
Entity or Commonwealth authority
25
30 After section 97L
26
Insert:
27
97LA Refund of exit contribution or regulatory contribution paid by
28
a former Commonwealth authority etc.
29
(1) If:
30
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
21
(a) an amount equal to the exit contribution, or section 97DA
1
regulatory contribution, of a body corporate or the Australian
2
Capital Territory has been paid to Comcare in accordance
3
with a direction of the Commission; and
4
(b) the amount of the exit contribution or regulatory contribution
5
is later reduced as a result of a review under section 97J or
6
97K;
7
the body corporate or the Australian Capital Territory is entitled to
8
the difference between the amount so paid and the reduced amount.
9
(2) The difference must be repaid by Comcare to the body corporate or
10
the Australian Capital Territory.
11
(3) Interest is payable on the difference, at such rate as is from time to
12
time specified in a notice under subsection 97L(3), in respect of
13
each day of the overpayment period. However, interest is not
14
payable under this section if it is less than $100.
15
(4) In this section:
16
overpayment period means the period:
17
(a) beginning on the day on which a body corporate's or the
18
Australian Capital Territory's exit contribution or regulatory
19
contribution was paid under section 97HA; and
20
(b) ending on the day on which the amount of the difference
21
under subsection (1) was repaid under subsection (2).
22
31 Section 97M (heading)
23
Repeal the heading, substitute:
24
97M Variation of determination of premium or regulatory
25
contribution payable by an Entity or Commonwealth
26
authority
27
32 After section 97M
28
Insert:
29
Schedule 1 General amendments
Part 1 Main amendments
22
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
97MA Variation of determination of exit contribution or regulatory
1
contribution payable by a former Commonwealth
2
authority etc.
3
(1) Comcare may, in writing, vary a determination under
4
section 97CA, 97CB, 97CC or 97DA of the amount of a body
5
corporate's or the Australian Capital Territory's exit contribution
6
or regulatory contribution if, and only if:
7
(a) there is an error in information given to Comcare under
8
section 97F that affected the determination; or
9
(b) Comcare has made an error in determining the amount of the
10
exit contribution or contribution.
11
(2) Comcare must send a copy of the variation, together with a
12
statement of the reasons for the variation, to the principal officer of
13
the body corporate or the Australian Capital Territory.
14
(3) Sections 97J and 97K apply to a variation of a determination in the
15
same way they apply to a determination.
16
(4) If:
17
(a) an amount equal to the exit contribution or regulatory
18
contribution of a body corporate or the Australian Capital
19
Territory has been paid to Comcare in accordance with a
20
direction of the Commission; and
21
(b) the amount of the exit contribution or regulatory contribution
22
is later reduced as a result of a variation under this section;
23
the body corporate or the Australian Capital Territory is entitled to
24
the difference between the amount so paid and the reduced amount.
25
(5) The difference must be repaid by Comcare to the body corporate or
26
the Australian Capital Territory.
27
(6) If Comcare erroneously charges a body corporate or the Australian
28
Capital Territory an exit contribution or regulatory contribution in
29
excess of the maximum exit contribution or maximum regulatory
30
contribution that it could have charged, Comcare must, in addition
31
to repaying the amount of the excess, also pay the body corporate
32
or the Australian Capital Territory interest on the excess.
33
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
23
(7) Interest on the excess is payable at such rate as is from time to time
1
specified in a notice under subsection 97M(7), in respect of each
2
day after the overpayment and before the excess is repaid.
3
However, interest is not payable on the excess if it is less than
4
$100.
5
33 Subsection 97N(1)
6
Omit "or 97M", substitute ", 97LA, 97M or 97MA".
7
34 Subsection 97N(1)
8
Omit "within the meaning of subsection 90C(5)".
9
35 Section 97P (heading)
10
Repeal the heading, substitute:
11
97P Late payment penalty
12
36 Section 97P
13
Before "If an amount", insert "(1)".
14
37 Section 97P
15
After "is payable", insert ", by way of penalty,".
16
38 Section 97P
17
Omit "this section", substitute "this subsection".
18
39 At the end of section 97P
19
Add:
20
(2) If:
21
(a) an amount of exit contribution or regulatory contribution is
22
payable by a body corporate or the Australian Capital
23
Territory under section 97CA, 97CB, 97CC or 97DA; and
24
(b) the amount is not paid by the body corporate or the
25
Australian Capital Territory within 28 days after the day on
26
which notice of the determination of the exit contribution or
27
regulatory contribution is issued;
28
Schedule 1 General amendments
Part 1 Main amendments
24
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
interest is payable, by way of penalty, on the amount, at such rate
1
as is from time to time specified by the Minister by legislative
2
instrument, in respect of each day on which the amount is not so
3
paid. However, interest is not payable under this subsection if it is
4
less than $100.
5
(3) Subsection (2) does not apply to an amount of exit contribution if
6
Comcare has, under subsection 97HA(5), permitted the amount to
7
be paid in instalments.
8
(4) If:
9
(a) an amount of exit contribution is payable by a body corporate
10
or the Australian Capital Territory under section 97CA,
11
97CB or 97CC; and
12
(b) Comcare has, under subsection 97HA(5), permitted the
13
amount to be paid in instalments; and
14
(c) the amount of the last instalment is not paid by the body
15
corporate or the Australian Capital Territory within 28 days
16
after the day on which the last instalment becomes payable;
17
interest is payable, by way of penalty, on the amount of the last
18
instalment, at such rate as is from time to time specified by the
19
Minister by legislative instrument, in respect of each day on which
20
the amount of the last instalment is not so paid. However, interest
21
is not payable under this subsection if it is less than $100.
22
40 At the end of Division 4A of Part VII
23
Add:
24
97Q Refund of premiums to former Commonwealth authorities
25
(1) If:
26
(a) a body corporate ceases to be a Commonwealth authority at a
27
particular time (the cessation time); and
28
(b) the body corporate continues in existence; and
29
(c) the amount that represents so much of available scheme
30
funds as is attributable to:
31
(i) premiums paid by the body corporate before the
32
cessation time; and
33
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
25
(ii) special premiums paid by the body corporate before the
1
cessation time; and
2
(iii) interest earned on the premiums and special premiums
3
referred to in subparagraphs (i) and (ii);
4
exceeds Comcare's liability (if any) under this Act (including
5
liability under actions for non-economic loss), in respect of
6
injuries suffered before the cessation time:
7
(iv) if the body corporate did not hold a licence in force
8
under Part VIII--by employees of the body corporate;
9
and
10
(v) if the body corporate held such a licence--by
11
employees of the body corporate in respect of whom the
12
body corporate was not authorised to accept liability;
13
Comcare may make a determination that an amount equal to the
14
excess is payable to the body corporate by way of a refund of
15
premiums paid to Comcare by the body corporate.
16
(2) The amount is to be paid by Comcare within 28 days after the
17
determination is made.
18
(3) For the purposes of paragraph (1)(c):
19
(a) liability includes prospective liability; and
20
(b) assume that Comcare's liability is not contingent on:
21
(i) the making of a claim for compensation; or
22
(ii) the giving of a notice under section 53.
23
97QA Refund of premiums to successors of former Commonwealth
24
authorities
25
(1) If:
26
(a) a body corporate (the first body corporate) ceases to be a
27
Commonwealth authority at a particular time (the cessation
28
time); and
29
(b) the first body corporate ceases to exist at the cessation time;
30
and
31
(c) under a law of the Commonwealth that was in force at the
32
cessation time, another body corporate (the successor)
33
becomes the successor in law of the liabilities of the first
34
body corporate; and
35
Schedule 1 General amendments
Part 1 Main amendments
26
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
(d) the amount that represents so much of available scheme
1
funds as is attributable to:
2
(i) premiums paid by the first body corporate before the
3
cessation time; and
4
(ii) special premiums paid by the first body corporate before
5
the cessation time; and
6
(iii) interest earned on the premiums and special premiums
7
referred to in subparagraphs (i) and (ii);
8
exceeds Comcare's liability (if any) under this Act (including
9
liability under actions for non-economic loss), in respect of
10
injuries suffered before the cessation time:
11
(iv) if the first body corporate did not hold a licence in force
12
under Part VIII--by employees of the first body
13
corporate; and
14
(v) if the first body corporate held such a licence--by
15
employees of the first body corporate in respect of
16
whom the first body corporate was not authorised to
17
accept liability;
18
Comcare may make a determination that an amount equal to the
19
excess is payable to the successor by way of a refund of premiums
20
paid to Comcare by the first body corporate.
21
(2) The amount is to be paid by Comcare within 28 days after the
22
determination is made.
23
(3) For the purposes of paragraph (1)(c), liability means any liability,
24
duty or obligation, whether actual, contingent or prospective.
25
(4) For the purposes of paragraph (1)(d):
26
(a) liability includes prospective liability; and
27
(b) assume that Comcare's liability is not contingent on:
28
(i) the making of a claim for compensation; or
29
(ii) the giving of a notice under section 53.
30
97QB Refund of premiums to the Australian Capital Territory if it
31
ceases to be a Commonwealth authority
32
(1) If:
33
General amendments Schedule 1
Main amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
27
(a) the Australian Capital Territory ceases to be a
1
Commonwealth authority at a particular time (the cessation
2
time); and
3
(b) the amount that represents so much of available scheme
4
funds as is attributable to:
5
(i) premiums paid by the Australian Capital Territory
6
before the cessation time; and
7
(ii) special premiums paid by the Australian Capital
8
Territory before the cessation time; and
9
(iii) interest earned on the premiums and special premiums
10
referred to in subparagraphs (i) and (ii);
11
exceeds Comcare's liability (if any) under this Act (including
12
liability under actions for non-economic loss), in respect of
13
injuries suffered before the cessation time by employees of
14
the Australian Capital Territory;
15
Comcare may make a determination that an amount equal to the
16
excess is payable to the Australian Capital Territory by way of a
17
refund of premiums paid to Comcare by the Australian Capital
18
Territory.
19
(2) The amount is to be paid by Comcare within 28 days after the
20
determination is made.
21
(3) For the purposes of paragraph (1)(b):
22
(a) liability includes prospective liability; and
23
(b) assume that Comcare's liability is not contingent on:
24
(i) the making of a claim for compensation; or
25
(ii) the giving of a notice under section 53.
26
97QC Refunds to be made from Comcare-retained funds
27
(1) Comcare must make a payment under section 97Q, 97QA or 97QB
28
from Comcare-retained funds.
29
(2) If there is insufficient money in Comcare-retained funds to make a
30
particular payment mentioned in subsection (1), there is payable to
31
Comcare, out of the Consolidated Revenue Fund, which is
32
appropriated accordingly, such an amount as is necessary to enable
33
Comcare to make that payment.
34
Schedule 1 General amendments
Part 2 Amendments contingent on the commencement of Schedule 2 to the Safety,
Rehabilitation and Compensation Legislation Amendment Act 2015
28
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
Part 2
--Amendments contingent on the
1
commencement of Schedule 2 to the Safety,
2
Rehabilitation and Compensation
3
Legislation Amendment Act 2015
4
Safety, Rehabilitation and Compensation Act 1988
5
41 Subparagraph 97A(1)(aa)(iv)
6
Omit "does not hold a licence in force under Part VIII", substitute "is
7
not a licensee".
8
42 Subparagraph 97A(1)(aa)(v)
9
Omit "such a licence", substitute "a single employer licence".
10
43 After subparagraph 97A(1)(aa)(v)
11
Insert:
12
(vi) in the case of an authority that is covered by a group
13
employer licence--by employees of the authority in
14
respect of whom a relevant authority for the licence is
15
not authorised to accept liability; and
16
44 Subparagraph 97CA(1)(c)(i)
17
Omit "did not hold a licence in force under Part VIII", substitute "was
18
not a licensee".
19
45 Subparagraph 97CA(1)(c)(ii)
20
Omit "such a licence", substitute "a single employer licence".
21
46 At the end of subparagraph 97CA(1)(c)(ii)
22
Add "and".
23
47 After subparagraph 97CA(1)(c)(ii)
24
Insert:
25
(iii) if the body corporate was covered by a group employer
26
licence--by employees of the body corporate in respect
27
General amendments Schedule 1
Amendments contingent on the commencement of Schedule 2 to the Safety,
Rehabilitation and Compensation Legislation Amendment Act 2015 Part 2
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
29
of whom a relevant authority for the licence was not
1
authorised to accept liability; and
2
48 Subparagraph 97CB(1)(d)(i)
3
Omit "did not hold a licence in force under Part VIII", substitute "was
4
not a licensee".
5
49 Subparagraph 97CB(1)(d)(ii)
6
Omit "such a licence", substitute "a single employer licence".
7
50 At the end of subparagraph 97CB(1)(d)(ii)
8
Add "and".
9
51 After subparagraph 97CB(1)(d)(ii)
10
Insert:
11
(iii) if the first body corporate was covered by a group
12
employer licence--by employees of the body corporate
13
in respect of whom a relevant authority for the licence
14
was not authorised to accept liability; and
15
52 Subparagraph 97Q(1)(c)(iv)
16
Omit "did not hold a licence in force under Part VIII", substitute "was
17
not a licensee".
18
53 Subparagraph 97Q(1)(c)(v)
19
Omit "such a licence", substitute "a single employer licence".
20
54 At the end of subparagraph 97Q(1)(c)(v)
21
Add "and".
22
55 After subparagraph 97Q(1)(c)(v)
23
Insert:
24
(vi) if the body corporate was covered by a group employer
25
licence--by employees of the body corporate in respect
26
of whom a relevant authority for the licence was not
27
authorised to accept liability; and
28
Schedule 1 General amendments
Part 2 Amendments contingent on the commencement of Schedule 2 to the Safety,
Rehabilitation and Compensation Legislation Amendment Act 2015
30
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
56 Subparagraph 97QA(1)(d)(iv)
1
Omit "did not hold a licence in force under Part VIII", substitute "was
2
not a licensee".
3
57 Subparagraph 97QA(1)(d)(v)
4
Omit "such a licence", substitute "a single employer licence".
5
58 At the end of subparagraph 97QA(1)(d)(v)
6
Add "and".
7
59 After subparagraph 97QA(1)(d)(v)
8
Insert:
9
(vi) if the first body corporate was covered by a group
10
employer licence--by employees of the first body
11
corporate in respect of whom a relevant authority for the
12
licence was not authorised to accept liability; and
13
Membership of the Safety, Rehabilitation and Compensation Commission Schedule 2
New member of the Commission Part 1
No. , 2015
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
31
Schedule 2
--Membership of the Safety,
1
Rehabilitation and Compensation
2
Commission
3
Part 1
--New member of the Commission
4
Safety, Rehabilitation and Compensation Act 1988
5
1 Paragraph 89E(1)(e)
6
Omit "a member who, in the Minister's opinion, represents", substitute
7
"2 members who, in the Minister's opinion, represent".
8
2 Paragraph 89E(1)(fb)
9
Repeal the paragraph.
10
Schedule 2 Membership of the Safety, Rehabilitation and Compensation Commission
Part 2 Technical amendments
32
Safety, Rehabilitation and Compensation Legislation Amendment (Exit
Arrangements) Bill 2015
No. , 2015
Part 2
--Technical amendments
1
Safety, Rehabilitation and Compensation Act 1988
2
3 Subsection 89F(1)
3
Omit "must be appointed by the Governor-General", substitute "(other
4
than the member mentioned in paragraph 89E(1)(f)) are to be appointed
5
by the Minister by written instrument".
6
4 Subsection 89F(2)
7
Repeal the subsection, substitute:
8
(2) Before appointing the member mentioned in paragraph 89E(1)(d),
9
the Minister must consult the licensees.
10
5 Section 89N
11
Omit "Governor-General", substitute "Minister".
12
6 Subsections 89P(1) and (2)
13
Omit "Governor-General", substitute "Minister".
14
7 Subsection 89P(3)
15
Omit "89E(c)", substitute "89E(1)(c)".
16
8 Subsection 89P(3)
17
Omit "Governor-General", substitute "Minister".
18
9 Application of amendments
19
The amendments of section 89F of the Safety, Rehabilitation and
20
Compensation Act 1988 made by this Part apply in relation to
21
appointments made after the commencement of this item.
22